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2013 Supreme(Raj) 162
(Rajasthan High Court)
Nandu Dyeing Vs. RIICO & Anr. (Vyas, J.)
HON'BLE GOPAL KRISHAN VYAS, J.
Nandu Dyeing
Versus
Rajasthan State Industrial and Investment Corporation Ltd. & Anr.
S.B. Civil Writ Petition No.1186 of 2010 and 45 Others, decided on 17.04.2013
Rakesh Arora, Rajesh Parihar & Niraj K. Jain, for Petitioner;
Sunil Beniwal, Vineet Kumar Mathur & D.K. Joshi, for Respondent(s)
Headnote:Rajasthan Industrial Development and Investment Corporation Ltd. Disposal of Land Rules, 1979 — Allotment of plots in RIICO Area — The petitioner textile processing units were closed for creating pollution as per directions of High Court and RIICO was ordered to shift them in newly set up industrial area — RIICO failed to allot them plots though they were found eligible/entitled in survey and applications were invited — All of a sudden they rejected their applications without assigning any reasons — Held — Once survey has been conducted by respondents in compliance of the directions of the Court and plots are available, then the claim of petitioners is required to be considered objectively and passed a reasoned order — Impugned order quashed and set aside — Directed the petitioners to file fresh applications and RIICO to reconsider the same objectively. (Paras 8, 9)
Writ petitions allowed.
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2. The precise controversy involved in all above writ petitions is with regard to rejection of the applications of the respective petitioners for allotment of plots in RIICO industrial area, Punayata, Pali. In a PIL writ petition being D.B. Civil Writ Petition No.759/2002, filed by Mahaveer Nagar Vikas Samiti, certain directions were issued by the Division Bench of this Court vide judgment dated 09.03.2004 whereby the State Pollution Control Board was directed to make fresh inspection of the textile processing units of Pali and surrounding area and, in case, any of the units is found to be creating pollution and not connected with CETPs the same was directed to be closed. Further, it is ordered by the Division Bench that respondent (herein) RIICO shall set up an industrial area at a suitable place within a period of six months exclusively for textile processing units which must be located at an appropriate distance from the residential areas and the industry shall be shifted to the newly developed industrial area from residential areas immediately thereafter. Following directions were issued by the Division Bench of this Court in the said writ petition :
“I. The Pollution Control Board shall immediately make fresh inspection of the Textile Processing Units at Pali and surrounding areas and in case any of the units are found to be creating pollution and not connected to the CETPs shall be closed.
II. The units which are creating pollution shall adopt measures to eliminate pollution.
III. RIICO shall set up an industrial area at a suitable place exclusively for textile processing units. The industrial area must be located at an appropriate distance from residential areas. RIICO shall set up the industrial area within a period of six months and the industry shall be shifted to the industrial area from residential areas immediately thereafter.
IV. The Trust shall make modification in the CETPs so that the emissions therefrom are compatible with the norms prescribed by the Pollution Control Board.
V. The industrial units which are discharging the industrial pollutant on the land or/and river shall be closed forthwith.
VI. The State shall employ experts to assess the damage caused to the environment and health of the public by the pollution created by the units. On assessment of the damage, the concerned authority shall file a report in this court within a period of eight weeks, thereupon the question of payment of compensation by the units on the principle of polluter pays shall be determined.”
3. Similarly, a bunch of writ petitions were decided vide judgment dated 11.4.2008 along with SB Civil Writ Petition No.6954/2007 = 2008(3) RLW 2477 (Aruna Mills, Pali vs. State & Others), by the Coordinate Bench of this Court in which, while disposing of 125 writ petitions following observation/direction was made:
“If the matter is viewed even from another angle to consider the request of the learned counsel for the petitioners to allow petitioners' industries to work in an area other than industrial area, following serious consequences exists :-
(i) Continuance of the industries would then be in violation of direction No.3 of the Division Bench in the case of Mahaveer Nagar Vikas Samiti.
(ii) None of the petitioners – industry is having consent from the Rajasthan Pollution Board, therefore, continuance of those industries would then be in violation of the provisions of the Act of 1974 and, in those circumstances, this Court is not competent to permit any industry to run in violation of the provisions of law.
In view of the above,
